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Marty Myers

Martin H. Myers is a partner in the firm's San Francisco office and a member of the Insurance Coverage and Arbitration practice groups, representing corporate policyholders in complex coverage disputes with their insurers.

A nationally recognized insurance recovery practitioner, Marty has represented clients in a wide array of industry sectors, from agriculture to technology.

For more than twenty years, he has litigated, arbitrated and resolved complex coverage disputes throughout the world over a variety of losses and claims, including intellectual property, product recall, securities fraud and derivative litigation, management and professional liability, property and business interruption, marine cargo, crime, alien tort/torture victim protection act, employment practices and asbestos, mass tort and environmental claims.  Marty also routinely advises clients on insurance program placement and complex risk transfer and indemnification issues; he is regarded as one of the world’s leading lawyers in transaction risk insurance products, including tax loss, representation and warranty (warranty and indemnity), and environmental policies.

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Digital Health

In this bonus edition of our checkup series, Covington’s global cross-practice Digital Health team considers some additional key questions about product liability and insurance coverage that companies across the life sciences and technology sectors should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle.

1. What are the key questions when crafting warnings and disclosures?

If your product is regulated, your warnings and disclosures will need to comply with any relevant regulations. In the case of a product not regulated by the FDA or equivalent regulatory body, first consider how your warnings and disclosures will be incorporated into the use of the product.

Some disclosures, like an explanation of the data source used by software, may fit best in terms and conditions that a user sees before using the product. Key warnings, however, may be more appropriately placed as part of the user experience.

Example: A warning that patients should consult their doctors if necessary may need to be placed in proximity to specific medical content.

Best Practice: Consider your intended audience: are you writing warnings for doctors, patients, or institutions? The appropriate types of disclosures will vary across populations. Patient-directed warnings may also need to be written in simplified language.

Best Practice: Consider whether it is appropriate for your product to have users to accept or otherwise be required to agree to the warnings and disclosures.

Continue Reading Digital Health Checkup (Bonus): Product Liability and Insurance Coverage